The Chicago Rabbinical Council's program of using mediation and compromise instead of judgment or even arbitration is open to anyone of any or no religion. One recent challenge was a Denver dispute.
"It was logical for us to turn to Chicago because the Rabbinical Council (cRc) and its director, Rabbi Joseph Ozarowski, have a national reputation for neutrality," said Rabbi Daniel Cohen of Congregation BMH-BJ in Denver. "This lets them avoid the emotional, rocky relationship" of litigation.
Cohen also notes that "much of the Chicago Rabbinical Council's reputation hinges upon the background presence" of the internationally lauded sage of its rabbinic court, Rabbi Gedalia Dov Schwartz," a gadol ha-dor (generational giant).
"Jewish jurisprudence says a court's moral obligation is to first try to bring compromise before rendering law," said Rabbi Schwartz. "Mediation is better than the stricture of the law because there's less enmity and formality."
James M. Gordon, an attorney and rabbi who is a past president of the Decalogue Society, calls it a bonus that in most cases mediation costs a fraction of litigation through the courts.
Crucial to the cRc's successes are retired federal judge Erwin Katz, a nationally sought mediator; attorney Nathan Lichtenstein, Ozarowski and Gordon.
Alternative resolution, instead of judgment, is found in "righteousness, righteousness, shall you pursue," an ancient Talmudic explanation of a Torah verse.
"One classic explanation of why the word righteousness is repeated is that the first righteousness refers to the letter of the law, while the second counsels compromise, an ideal equivalent to finding the truth," said Ozarowski, who also has a doctorate in pastoral counseling.
Katz adds this advantage of mediation over arbitration: "The parties don't surrender the power to render a decision." Decades on the federal bench showed him that agreements ideally must be assented to by both parties, not imposed by an outsider.
Unlike arbitration and judicial decision-making, which focus more upon past actions, Gordon says that "mediation can create a future where both parties can remain friends. This is a major consideration in Jewish tradition."
In a Denver case, for instance, an expensive set of commemorative silver Israeli coins was entrusted to Beth Joseph synagogue in the 1960s. The coins depicted religious and historical events.
When much of the set was lost after the synagogue merged with another, the newly named Congregation BMH-BJ maintained it was a gift; more lenient laws of responsibility applied in halacha (Jewish law).
The donor said it was a long-term loan, which has a higher standard of accountability. Factoring in his memorialized loved ones, the case became highly emotional and dragged on for 15 years without progress. Eventually, all parties agreed the Chicago Rabbinical Council would be an acceptable third party.
"I was so impressed with Rabbi Cohen's desire to have this matter resolved by halacha, that when he suggested the Chicago Rabbinical Council, I was thrilled," Raznick said.
Rather than go to a civil or even a rabbinic court, Cohen recalled, the cRc helped craft a compromise to address the concerns of both sides and create a consensus. "This allowed us to be sensitive to the donor (and) allocate funds to purchase more coins and restore the dignity of the gift," he said.
Ozarowski said he "played the middle man to help people interpret both their own and the other person's position. We concluded the donor didn't care about the money, he just wanted the synagogue to 'own up' and restore the coins."
In a marriage of technology and tradition, the cRc utilized e-mail and long distance calls. Had substantial court costs, lawyers' fees and travel been incurred, the synagogue's additional purchases might not have been possible.
Katz recalls mediating a federal suit brought by the family of a man who was killed by a suburban police officer. It was not under the auspices of the cRc, but does demonstrate the wisdom he brings to the council's program as a professional mediator.
"The kicker was that the insurance company couldn't settle without the permission of the village (because) the village was concerned for the morale of the police department," Katz said.
"Part of what was needed was catharsis. The mother had to vent her feelings before someone who would be at least neutral if not sympathetic.
"I was able to get them to set aside the issue of whether the mother got a letter of apology, because she felt it would be completely insincere," Katz said. "And I finally was able to get the village to consent to what the insurance company was willing to pay."
Settlements such as this are the Chicago Rabbinical Council's ideal: Each side wins, courts are unclogged, taxpayers and litigants save time and money, and humans become partners with God to mend an imperfect world, one case at a time.
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Freelance writer Charles Halevi is a past president of the Chicago chapter of the Society of Professional Journalists.
Bar association presents law student scholarships
One law student who was born in Serbia and another who grew up in Chicago's Little Village neighborhood are getting their legal educations with help from the DuPage Association of Women Lawyers Foundation.
The foundation recently awarded Judge Helen C. Kinney Scholarships to Sonja Dimitrijevic of the University of Illinois College of Law and Blanca R. Dominquez of The John Marshall Law School.
"Each of these young women is very accomplished," said foundation President Angela Imbierowicz. They have maintained impressive grade-point averages in law school, while participating in community and educational activities.
Dimitrijevic, a Downers Grove resident, was born in Belgrade and is fluent in Serbo-Croatian and proficient in French. She has been on the College of Law dean's list for two semesters and was a Harno Fellow for one semester.
During the summer of 2003, she was an intern for the Humanitarian Law Foundation in Belgrade and Montenegro, researching international legal issues that included human rights of minorities in Kosovo and the treatment of prisoners in Serbia.
In her application to the DAWL Foundation, Dimitrijevic said she wants to be an attorney "who will zealously represent her clients' interests, but never at the expense of law, fairness or another person's dignity.
"Although my experiences tell me that one person cannot change the world, I believe that helping to preserve the rights of those who are weak, or are in the minority, ultimately protects the rights of us all," she added.
Dominquez was raised "amidst drive-by shootings and drug deals in alleys," she wrote in her application. She was told that "I would never amount to much because people like me never did."
That conversation was a crucial moment, she recalls. "I realized that I had two choices give up on any dreams and hopes I may have harbored, or take a chance and commit myself to fulfilling those dreams. Therefore, I took a chance."
At John Marshall, she participated in the Niagara International Moot Court Competition and was chosen a council member on the first Trial Advocacy and Alternative Dispute Resolution Board.
Dominguez has been on the dean's list since fall 2003 and this spring will be an extern for the Judge Wayne Andersen of U.S. District Court for the Northern District Court.
The foundation scholarship committee consists of past presidents of DAWL. They include ISBA Second Vice President Irene F. Bahr and Imbierowicz, who is a member of the ISBA Assembly and co-editor of the Civil Practice and Procedure Section newsletter. Others are ISBA Assembly member Colleen McLaughlin, Brenda Carroll, Mary Jo Kelly, Mary Lou McLennan and Sarah Poeppel.
Tax-deductible DAWL Foundation contributions toward Helen Kinney Scholarships, named in memory of an association founder, may be mailed to Imbierowicz at Suite 1012, 1301 W. 22nd St., Oak Brook 60523.
News media praise public access initiative
The appointment late last year of assistant Illinois attorney general Terry Lee Mutchler of Springfield as public access counselor has drawn praise from news media organizations and citizen watchdog groups.
Attorney General Lisa Madigan made the appointment to help public officials, journalists and the public understand and comply with provisions of the Open Meetings Act, the Freedom of Information Act and other sunshine statutes.
Mutchler is available to answer questions and resolve disputes about the application of open government laws, and will offer education and training programs. She can be contacted by phone at (217) 524-1503 or by e-mail to tmutchler@atg.state.il.us.
Madigan celled it critical that public officials realize their obligations. "Open and honest government depends on the full participation of citizens in their government and the free exchange of information," she said.
Daily Southtown newspaper columnist Phil Kadner called the appointment a big step toward government accountability. He added that documenting complaints and unresolved problems could lead to improving present laws and toughening enforcement provisions.
Five lawyers served on a working group formed by Madigan in 2002 to make recommendations on improving open government laws. The members unanimously recommended establishing the office of public access counselor.
Participating lawyers were Joan S. Cherry of Johnson & Colmar, Chicago; Shawn W. Denney of Springfield, former senior counsel to the attorney general; Steven M. Elrod of Holland & Knight, Chicago; Michael J. Kasper of Fletcher, Topol, O'Brien & Kasper, Chicago and Springfield, and Scott D. Miller of Chicago, legal counsel to the American Federation of State, County and Municipal Employees.
DuPage County appoints ethics complaint group
Wheaton attorneys Barbara A. Preiner of Deitsch & Preiner and Michael R. Galasso of Schiller, DuCanto & Fleck have been appointed to lead a new government ethics commission by DuPage County Board Chairman Robert J. Schillerstrom.
Galasso, a retired appellate justice and former chief judge of the 18th Circuit, chairs the five-member commission, and Preiner serves as its investigator general who will review and refer complaints.
Other members are former state representative J. Glenn Schneider, Mary Eleanor Wall of the Regional Planning Commission, Bloomingdale Police Chief Gary J. Schira and retired educator Ron Gibson.
Schillerstrom said their diverse backgrounds will help the commission understand the contexts of complaints, questions and allegations involving government officials and employees.
Galasso will serve until December 2006 and Preiner until February 2007.
Taxes may be paid at Bank One sites
Lawyers with Cook County real property owner clients have been advised that the first installment of 2004 tax payments for 1.7 million parcels may be dropped off at any Bank One location. The deadline is March 1, according to county Treasurer Maria Pappas.
Bank One has 156 locations in Cook County and more than 100 in nearby counties. A list may be accessed at www.cookcountytreasurer.com. Payments also may be made on line at that Web site, Pappas said, or delivered to the treasurer's office in downtown Chicago, or mailed in envelopes that were provided with the tax bills.
Meyer Capel had 50th anniversary fete in December
The 50th anniversary of the Champaign law firm of Meyer Capel was celebrated Dec. 17 with a function in its historic offices in the former city library, which was built in 1890 as the Burnham Athenaeum.
The library building was purchased by the firm in 1978 and completed remodeled. It is registered as a state and federal historic building.
The firm was founded Nov. 12, 1954, by James L. Capel Sr. and August C. Meyer Sr., both now deceased. Among former shareholders were August C. Meyer Jr. and John C. Hirschfeld, who have retired, and the late James L. Capel Jr.
Partners who are currently active in the Illinois State Bar Association include Lorna K. Geiler, secretary of the Labor and Employment Law Section Council, and Keith E. Emmons, who serves on the Health Care Section Council and the Committee on Legislation.
Associate Marjorie A. Harris is a member of the Trusts and Estates Section Council. State Sen. Richard J. Winkel Jr. is of counsel to the firm.
Lane & Waterman gives $150,000 to mark 150th
The Quad-Cities law firm of Lane & Waterman celebrated its 150th anniversary by announcing donations totaling $150,000 to Prairie State Legal Services in Illinois and H.E.L.P. Legal Services in Iowa.
The firm traces its roots to 1954, when A. Abner Davison and D. S. True formed a partnership in Davenport. In 1902, Judge Charles M. Waterman left the Iowa Supreme Court to join Joe R. Lane, then a partner in the Davison-True firm, and the name was changed to Lane & Waterman.
The 40-member firm has been at the same downtown Davenport location since 1928, and a Rock Island office was opened in 1989.
Lane & Waterman made its gifts to the two legal service agencies "to ensure that legal representation is accessible to all residents of the communities we serve."
President-elect requests feedback on travel programs
By Bob Downs, ISBA President-elect
Barb and I are looking forward to the next bar year and the opportunity to help guide this great Association. It will be proactive, and will challenge all of us to work hard individually and as an organization.
The big question asked is, "OK, Mr. President-elect, where are you going to travel?" We have traveled to many out-of-the-way places and have done most of our traveling with dear friends "on the cheap."
Over time, we have joined ISBA-sponsored tours that have been excellent overall. One or two were over the top, but one or two had too many visits to local craft shops, which deprived participants of time to really enjoy visiting the country.
So here it goes, our heads-up travel letter to ISBA members. We seek your input as to what you think about what we have in store. There will be two or three specially planned trips.
1. Malta/Sicily. We will start with a short time in Malta, a tiny island in the middle of the Mediterranean that seems to have been conquered by everybody on their way to somewhere else. The exception was World War II, when Malta stood fast against the Germans and remained the principal naval base for the British fleet.
The port city of Valleta is unbelievable in its preservation. To the extent that helps us describe it, the city was used as the set for the movie "Troy." We hope to be hosted by the president on arrival day.
Barb and I were last there in September 2004. There will be a lot to do in a short time. We are looking forward especially to sharing a special dinner experience at the walled city of Mdina. Just you wait!
On the third day, we will head to Sicily for a trip that Leonard and Donna Amari assure us will show you the very best of the island. Barb and I have also personally checked it out and are anxious to return.
The Malta/Sicily trip will probably take place in September or October. It will not be a cookie-cutter trip, but we believe it will be well-priced, notwithstanding any problems with the Euro. We are planning to end up with a day or two in Rome, always a special experience.
2. The second trip, in March 2006, will be another experience that Barb and I have reconnoitered. It will be a first for the ISBA: Santiago, Chile; Buenos Aires, Argentina; Iguaso Falls and National Park, ending in Rio de Janeiro, Brazil.
This southern hemisphere trip provides both a travel adventure that few have had among the friendliest of people, and at a price which puts the Euro to shame and makes the dollar still feel like money.
Buenos Aires is the Paris of the 1930s. Iguaso Falls and National Park are everything you could possibly want for unspoiled and spectacular waterfalls and wildlife - as incredible in the natural habitat as one could imagine.